The Responsibility to Protect in Libya and Syria

Dr Yasmine Nahlawi is Research & Policy Coordinator at Rethink Rebuild Society through which she serves as an analyst and expert commentator on the Syrian R2P situation. She has presented in both UK and EU Parliaments and appears regularly on television and radio forums including Channel 4 and various BBC programmes to comment upon developments within the conflict. She holds a PhD in Public International Law and an LLM in International Legal Studies from Newcastle University, as well as a BSc in Political Science from Eastern Michigan University.

Table of Contents

List of Cases

Acknowledgments

List of Acronyms

Chapter 1: Introduction

1.1 This Book at a Glance

1.1 Book Structure

Chapter 2: Contextualising the Emergence of the Responsibility to Protect

2.1 Introduction

2.2 Ongoing Trends in the International Legal System

2.2.1 From Bilateralism to Community Interests

2.2.2 From Discretion to Obligation

2.3 Emergence of R2P

2.4 Conclusion

Chapter 3: R2P’s Pillar 1

3.1 Introduction

3.2 Defining the Mass Atrocity Crimes

3.2.1 Genocide

3.2.2 War Crimes

3.2.3 Crimes Against Humanity

3.2.4 Ethnic Cleansing

3.3 Conclusion

Chapter 4: R2P’s Pillar 2

4.1 Introduction

4.2 Pillar 2 under International Law

4.2.1 Responsibility or Obligation?

4.2.2 Relevant (Emerging) International Legal Norms

4.3 Conclusion

Chapter 5: R2P’s Pillar 3

5.1 Introduction

5.2 Existing and Emerging Obligations to React to Mass Atrocity Crimes

5.2.1 Genocide

5.2.2 War Crimes

5.2.3 Article 41 of the Articles on State Responsibility

5.2.4 Working towards an R2P Pillar 3 Obligation

5.3 UN Security Council

5.3.1 The Permanent Veto

5.3.2 Alternatives to the UN Security Council 5.3.2.1 Uniting for Peace Mechanism

5.3.2.2 Regional Authorisation

5.4 Conclusion

Chapter 6: The Application of R2P to the Libya Case

6.1 Introduction

6.2 Regional Organisations

6.2.1 Libya’s Suspension from the League of Arab States

6.2.2 Regional Influence on International Action

6.3 UN Human Rights Council and General Assembly

6.4 UN Security Council

6.4.1 Security Council Resolution 1970

6.4.2 Security Council Resolution 1973

6.5 NATO

6.5.1 R2P and Regime Change

6.5.2 Interpretation of UN Security Council Resolutions

6.5.3 Ordinary Meaning of UNSC Resolution 1973

6.5.4 Object and Purpose of UNSC Resolution 1973

6.5.5 Supplementary Tools of Interpretation Pertaining to UNSC Resolution 1973

6.6 Conclusion

Chapter 7: The Application of R2P to the Syria Case

7.1 Introduction

7.2 UN Security Council

7.2.1 R2P in the UN Security Council

7.2.2 The Permanent Veto

7.2.3 General Measures

7.2.4 Chemical Weapons

7.2.5 Humanitarian Access

7.2.6 Accountability

7.2.7 Civilian Protection

7.2.8 Concluding Thoughts on the UN Security Council

7.3 League of Arab States

7.4 Non-State Actors

7.5 International Coalition against ISIS

7.6 Conclusion

Chapter 8: Conclusion

Bibliography